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HomeMy WebLinkAbout20181739.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission Be it resolved by the Weld County Planning Commission that the application for. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION U S R 18-0026 DCP OPERATING COMPANY, LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW P ERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS P IPELINE APPROXIMATELY 5 45 MILE IN LENGTH (16 -INCH DISCHARGE P IPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT THE PIPELINE COMMENCES IN THE NE4 OF SECTION 12. T3N, R65W. AND CROSSES INTO SECTION 1. T3N, R65W PROCEEDING INTO SECTIONS 36, 31. 30, 19 AND 18. T4N, R65W OF THE 6TH P M WELD COUNTY, COLORADO AND TERMINATES AT THE CROSSROADS BOOSTER STATION GENERALLY LOCATED SOUTH OF CR 46 WEST OF CR 51 NORTH OF CR 34 AND EAST OF CR 47 be recommended favorably to the Board of County Commissioners for the following reasons: 1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 480 of the Weld County Code as follows. A Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural uses and lands. The application indicates that the pipeline will be located to minimize impacts on the operation of irrigation equipment. All soils removed for installation of the pipeline will be returned to their original location and will not be moved offsite DCP indicates that they will repair and/or replace any facilities damaged or removed during the placement of the pipeline. The preferred pipeline route minimizes environmental impacts such as wetland areas, water bodies and agricultural lands. The preferred route is sited on plowed fields. dryland grazing lands. and pivot irrigation fields B. Section 23-2-480 A.2 — The pipeline will not have an undue adverse effect on existing and future development of the surrounding area. as set forth in applicable Master Plans. The pipeline is not located within the 3 -mile referral area of a municipality or County. C Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible The applicant indicates that many private easements (rights -of -way without Fee ownership) have been negotiated for the pipeline with private land owners, whereas any alternative alignments would require new easements to be negotiated and involve crossings that may result in greater environmental impacts in certain locations. The preferred pipeline route minimizes environmental surface impacts. The pipeline will cross under Weld County Roads DCP considered an alternative route alignment that offered a straighter, more direct line than the preferred route, however, the alternative alignment resulted in additional impacts to landowners and did not parallel existing pipeline corridors as closely as the route selected. The additional distance of the preferred route was insignificant D Section 23-2-480 A.4 — The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds Best Management Practices (BMPs) will be RESOLUTION USR18-0026 DCP OPERATING COMPANY, LP PAGE 2 required for all construction areas, including erosion control methods, dust suppression, et cetera. E. Section 23-2-480.A.5 -- The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts from the proposed pipeline. The applicant has proposed a number of measures to mitigate impacts from the pipeline including the boring beneath County roads to avoid damage to the road surface or disruption to traffic flow; if irrigation ditches will be crossed by the pipeline boring beneath the bed of the waterbody is used, BMPs will be installed to protect the waterbody from erosion or sediment runoff; tracking pads will be utilized where heavy equipment is required to cross roads to prevent damage to the road surface; topsoil will be segregated from subsoil during grading activities. All pipelines will be compliant with the DOT requirements. Per this standard, pipelines are required to have a minimum of 30 -inches of cover or greater if required by local or state agencies. The pipeline trench will be excavated mechanically; pipe segments will then be strung along the ditch line and then welded together using welders and weld procedures qualified under the requirements of the Code of Federal Regulations; each weld will be examined utilizing industry standard non-destructive examination, or x-ray, procedures by qualified technicians; the coating on the pipeline will be inspected for damage and repaired as necessary and then the line(s) will be lowered into the trench and backfilled. The pipeline(s) will subsequently be pressure tested using water (hydrostatically tested) to industry regulations. In addition to DC P's monitoring and valve cutoff systems described in the section below, DCP will clearly mark the pipeline centerline with markers placed at line of site intervals, and at road and railroad crossings. The markers will clearly indicate the presence of a gas pipeline, and will provide a telephone number and address where a company representative can be reached in an emergency or prior to any excavation in the area of the pipeline. In addition, DCP participates in the "One Call" system. "One call" systems serve as the clearinghouse for excavation activities that are planned close to pipelines and other underground utilities. DCP maintains a monitoring system that includes a gas control center that tracks pressures, flows, and deliveries on its entire system. The gas control center is staffed 24 hours a day, 7 days a week, 365 days a year. DCP also has area offices near the pipeline route with personnel who can provide the appropriate response to emergency situations and direct safety operations as necessary. DCP's pipeline systems are equipped with remotely controlled valves that can be operated from the gas control center. In the event of an emergency, the valves allow for a section of the pipeline to be isolated from the rest of the system. Data acquisition systems are also present at all of DCP's meter stations. If system pressures fall outside of a predetermined range, an alarm is activated, and notice is transmitted to the gas control center. Routine aerial and ground inspections are conducted by DCP personnel or contractors. These inspections allow DCP to identify soil erosion that may expose the pipeline; dead vegetation that may indicate a leak in the line; unauthorized encroachment on the ROW by a third party; or other conditions that may lead to a safety hazard and/or require preventative maintenance or repairs. F. Section 23-2-480.A.6 — All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area. This route was selected as the preferred project route as it balances environmental sensitivity, operational efficiency, cost minimization, and adjacent landowner considerations. As such, DCP has proposed this alignment as the preferred route as it helps meet the operational needs of the project while minimizing impacts to the surrounding community and environment. G. Section 23-2-480.A.7 — The nature and location or expansion of the pipeline will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected RESOLUTION USR18-0026 DCP OPERATING COMPANY, LP PAGE 3 area. The pipeline crosses cultivated fields and an irrigation canal. Colorado Parks and Wildlife returned a referral dated March 27, 2018 indicating no conflicts with their interests and History Colorado did not return a referral response indicating a conflict with their interests. H. Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -of -way and/ or surrounding properties as a result of the pipeline. The applicant will be required to maintain historic flow patterns and runoff amounts, per the Department of Public Works review stated a drainage plan will be not be required for this project. Pipelines are excepted from the requirements of a drainage report and detention pond design under 23-12-30.F.1.a.5 for pipelines or transmission lines. DCP acknowledges in their application that the historical flow patterns and runoff amounts will be maintained on the site or in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2- 250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A copy of the signed and recorded (construction and post -construction) lease agreements (or other acceptable authorization from property owner) for pipeline right-of-way (easements) shall be submitted to the Department of Planning Services. (Department of Planning Services) B. A Road Maintenance Agreement is required during the construction of the pipeline. Road maintenance may include dust control, tracking control, damage repair attributable to construction of the pipeline and located within 1/2 mile of any construction access point for the project. (Department of Public Works) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0026. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County Code. (Department of Planning Services) 4. The final location of the permanent gas pipeline easement with dimension of permanent easement, property ownership, parcel number, and any significant man-made features within one-half (0.5) mile on each side of the approved route. (Department of Planning Services) 5. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. This road is maintained by Weld County. (Department of Public Works) RESOLUTION USR18-0026 DCP OPERATING COMPANY, LP PAGE 4 6. County Road 42 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. This road is maintained by Weld County. (Department of Public Works) 7. East of County Road 49, County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. This road is maintained by Weld County. (Department of Public Works) 8. The County Highway (County Road 49) is designated on the Weld County Functional Classification Map as an arterial road which typically requires 140 feet of right-of-way at full build out. The alignment of the road widening project varies along the section line for the corridor. Contact Public Works for the location of the existing and future right-of-way and easements and delineate these on the site plan. (Department of Public Works) 9. West of County Road 49, County Road 40 Section Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 40. Section Line Right -Of -Way, not County maintained." (Department of Public Works (Department of Public Works) 10. County Road 38 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. This road is maintained by Weld County. (Department of Public Works) 11. West of County Road 49, County Road 36 Section Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. . Show and label the section line Right -of -Way as "CR 36 Section Line Right -Of -Way, not County maintained." (Department of Public Works) 12. Show and label the approved access locations on the site plan (If applicable). The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) RESOLUTION USR18-0026 DCP OPERATING COMPANY, LP PAGE 5 5. Prior to Construction: A. The approved access and tracking control shall be constructed prior to construction of the pipeline. (Department of Public Works) B. The applicant shall submit evidence of a right-of-way permit for any work that may be required in the right-of-way and/or a special transport permit for any oversized or overweight vehicles that may access the site. (Department of Public Works) C. If more than one (1) acre is to be disturbed for construction of non -pipeline items, a Weld County grading permit will be required. (Department of Public Works) 6. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Gene Stille. VOTE: For Passage Bruce Johnson Jordan Jemiola Michael Wailes Terry Cross Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent Bruce Sparrow The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 15, 2018. Dated the 15th of May, 2018 �..7\.lbtuu, tY nab. 2i Kristine Ranslem Secretary RESOLUTION USR18-0026 DCP OPERATING COMPANY. LP PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP Midstream. LP USR18-0026 A Site Specific Development Plan and Special Review Permit, USR18-0026, for a greater than 12 -inch high pressure natural gas pipeline approximately 5.45 miles long (16 -inch natural gas pipeline originating at the Milton Compressor Station USR18-0017, and terminating at the Crossroads Booster Station, USR17-0023) in the A (Agricultural) Zone District. subject to the Development Standards stated hereon. (Department of Planning Services) Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3 The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives of the Fire District and the Weld Count', Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 4. The property owner applicant shall control noxious weeds on the site remediated. (Department of Public Works) during construction until the site is During construction, the access(es) on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) During construction, there shall be no parking or staging of vehicles on public roads. On -site parking will be utilized. (Department of Public Works) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) Any oil and gas pipeline crossing a county road shall be bored a minimum of twenty (20) feet below arterial roads. fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel local roads. This depth shall be measured below the lowest roadside ditch flowline elevation, for the full width of the future right of way. (Department of Public Works) With exception of perpendicular crossings. oil and gas pipelines are not to be located within Weld County right of way or future right of way. (Department of Public Works) 10. Any damage occurring to the right of way, caused by the pipeline, will be the responsibility of the operator. (Department of Public Works) 11. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works) 12. Building permits may be required. per Section 29-3-10 of the Weld County Code Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code. and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or ar Open Hole Inspection. (Department of Building Inspection) 13. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Ac:. 30-20-100 5. C R.S ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 14. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal RESOLUTION USR18-0026 DCP OPERATING COMPANY, LP PAGE 7 Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 15. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 16. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the pipeline and until ground cover is established. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 17. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 18. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 19. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 21. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 22. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 23 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 24. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. RESOLUTION USR18-0026 DCP OPERATING COMPANY LP PAGE 8 26. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. PG nn inc>+es OS/ 15/ 1$' SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 15, 2018 EXHIBIT A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Johnson, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Absent: Bruce Sparrow. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Ryder Reddick, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0026 DCP OPERATING COMPANY, LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY 5.45 MILE IN LENGTH (16 -INCH DISCHARGE PIPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT THE PIPELINE COMMENCES IN THE NE4 OF SECTION 12, T3N, R65W, AND CROSSES INTO SECTION 1, T3N, R65W PROCEEDING INTO SECTIONS 36, 31, 30, 19 AND 18, T4N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO AND TERMINATES AT THE CROSSROADS BOOSTER STATION. GENERALLY LOCATED SOUTH OF CR 46; WEST OF CR 51; NORTH OF CR 34 AND EAST OF CR 47. Kim Ogle, Planning Services, presented Case USR18-0026, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Hayley Balzano, Public Works, reported on the traffic, access and crossing of the roadways. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Patrick Groom, 822 7th Street, Greeley, Colorado, stated that this pipeline is the segment from the Milton Compressor Station to the Crossroads Compressor Station. This segment is a 5.45 mile segment and consists of a 16 inch pipeline. This is called a discharge pipeline because it is intended to carry the discharge gas from the Milton Compressor Station up to the Crossroads Compressor Station. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner Ford asked how deep the pipeline will be. Mr. Groom said it depends on the right-of-way agreement; however, DCP requires a minimum of three feet deep. Mr. Groom said that during the oil and gas pipeline meeting yesterday there was discussion regarding the depth for pipelines on road crossings that is being recommended by Public Works. Mr. Groom referred to the development standard regarding noxious weeds. DCP as the applicant has an obligation to abide by the Code and make sure that noxious weeds are not present within that easement during construction and needs to ensure that there isn't fugitive dust during construction. After the pipeline is installed and after the area is reclaimed it should be the landowner's responsibility to maintain the surface. He added that this is what is required in the Code without this USR. He suggested amending that development standard to reflect that during construction those conditions would apply. Motion: Amend Development Standard 4 to read "The applicant shall control noxious weeds on the site during construction until the site is remediated", Moved by Jordan Jemiola, Seconded by Richard Beck. Vote Motion carried by unanimous roll call vote (summary Yes = 8) Yes. Bruce Johnson, Gene Stile, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope Commissioner Stile asked if the motion they just made is more or less understood and said that maybe they should have just deleted Development Standard 4 The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR18-0026 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Gene Stile Vote Motion carned by unanimous roll call vote (summary' Yes = 8) Yes Bruce Johnson, Gene Stile, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope Meeting adjourned at 1 57 pm Respectfully submitted, a`xiatvw y(?4.,o[en. 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